Senate File 381 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 381
  1  2
  1  3                             AN ACT
  1  4 RELATING TO JUDICIAL BRANCH PROCEDURES, INCLUDING APPOINTMENTS
  1  5    OF COURT OF APPEALS JUDGES, DISTRICT JUDGES, DISTRICT
  1  6    ASSOCIATE JUDGES, ASSOCIATE JUVENILE JUDGES, ASSOCIATE
  1  7    PROBATE JUDGES, MAGISTRATES, AND PATIENT ADVOCATES, AND
  1  8    COMPENSATION TO JUDGES AND OTHER COURT PERSONNEL SERVING AS
  1  9    FIDUCIARIES.
  1 10
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12
  1 13    Section 1.  NEW SECTION.  46.14A  COURT OF APPEALS ==
  1 14 NOMINEES.
  1 15    Vacancies in the court of appeals shall be filled by
  1 16 appointment by the governor from a list of nominees submitted
  1 17 by the state judicial nominating commission.  Three nominees
  1 18 shall be submitted for each vacancy.  Nominees to the court of
  1 19 appeals shall have the qualifications prescribed for nominees
  1 20 to the supreme court.
  1 21    Sec. 2.  Section 46.15, Code 2007, is amended to read as
  1 22 follows:
  1 23    46.15  APPOINTMENTS TO BE FROM NOMINEES.
  1 24    1.  All appointments to the supreme court and court of
  1 25 appeals shall be made from the nominees of the state judicial
  1 26 nominating commission, and all appointments to the district
  1 27 court shall be made from the nominees of the district judicial
  1 28 nominating commission.  Nominees to the court of appeals shall
  1 29 have the qualifications prescribed for nominees to the supreme
  1 30 court.
  1 31    2.  Vacancies in the court of appeals shall be filled by
  1 32 appointment by the governor from a list of nominees submitted
  1 33 by the state judicial nominating commission.  Five nominees
  1 34 shall be submitted for each vacancy.  If the governor fails to
  1 35 make an appointment within thirty days after a list of
  2  1 nominees has been submitted, the appointment shall be made
  2  2 from the list of nominees by the chief justice of the supreme
  2  3 court.
  2  4    Sec. 3.  Section 229.19, subsection 1, unnumbered paragraph
  2  5 1, Code 2007, is amended to read as follows:
  2  6    The district court in each county with a population of
  2  7 under three hundred thousand inhabitants and the board of
  2  8 supervisors in In each county with a population of three
  2  9 hundred thousand or more inhabitants the board of supervisors
  2 10 shall appoint an individual who has demonstrated by prior
  2 11 activities an informed concern for the welfare and
  2 12 rehabilitation of persons with mental illness, and who is not
  2 13 an officer or employee of the department of human services nor
  2 14 of any agency or facility providing care or treatment to
  2 15 persons with mental illness, to act as advocate representing
  2 16 the interests of patients involuntarily hospitalized by the
  2 17 court, in any matter relating to the patients' hospitalization
  2 18 or treatment under section 229.14 or 229.15.  In each county
  2 19 with a population of under three hundred thousand inhabitants,
  2 20 the chief judge of the judicial district encompassing the
  2 21 county shall appoint the advocate.
  2 22    PARAGRAPH DIVIDED.  The court or, if the advocate is
  2 23 appointed by the county board of supervisors, the board shall
  2 24 assign the advocate appointed from a patient's county of legal
  2 25 settlement to represent the interests of the patient.  If a
  2 26 patient has no county of legal settlement, the court or, if
  2 27 the advocate is appointed by the county board of supervisors,
  2 28 the board shall assign the advocate appointed from the county
  2 29 where the hospital or facility is located to represent the
  2 30 interests of the patient.
  2 31    PARAGRAPH DIVIDED.  The advocate's responsibility with
  2 32 respect to any patient shall begin at whatever time the
  2 33 attorney employed or appointed to represent that patient as
  2 34 respondent in hospitalization proceedings, conducted under
  2 35 sections 229.6 to 229.13, reports to the court that the
  3  1 attorney's services are no longer required and requests the
  3  2 court's approval to withdraw as counsel for that patient.
  3  3 However, if the patient is found to be seriously mentally
  3  4 impaired at the hospitalization hearing, the attorney
  3  5 representing the patient shall automatically be relieved of
  3  6 responsibility in the case and an advocate shall be assigned
  3  7 to the patient at the conclusion of the hearing unless the
  3  8 attorney indicates an intent to continue the attorney's
  3  9 services and the court so directs.  If the court directs the
  3 10 attorney to remain on the case, the attorney shall assume all
  3 11 the duties of an advocate.  The clerk shall furnish the
  3 12 advocate with a copy of the court's order approving the
  3 13 withdrawal and shall inform the patient of the name of the
  3 14 patient's advocate.
  3 15    PARAGRAPH DIVIDED.  With regard to each patient whose
  3 16 interests the advocate is required to represent pursuant to
  3 17 this section, the advocate's duties shall include all of the
  3 18 following:
  3 19    Sec. 4.  Section 602.6201, subsection 2, Code 2007, is
  3 20 amended to read as follows:
  3 21    2.  A district judge must be a resident of the judicial
  3 22 election district in which appointed and retained.  Subject to
  3 23 the provision for reassignment of judges under section
  3 24 602.6108, a district judge shall serve in the district of the
  3 25 judge's residence while in office, regardless of the number of
  3 26 judgeships to which the district is entitled under the formula
  3 27 prescribed by the supreme court in subsection 3.
  3 28    Sec. 5.  Section 602.6201, subsection 3, Code 2007, is
  3 29 amended by striking the subsection and inserting in lieu
  3 30 thereof the following:
  3 31    3.  The supreme court shall prescribe, subject to the
  3 32 restrictions of this section, a formula to determine the
  3 33 number of district judges who will serve in each judicial
  3 34 election district.  The formula shall be based upon a model
  3 35 that measures and applies an estimated case=related workload
  4  1 formula of judicial officers, and shall account for
  4  2 administrative duties, travel time, and other judicial duties
  4  3 not related to a specific case.
  4  4    Sec. 6.  Section 602.6201, subsections 4, 5, 6, 7, 8, 9,
  4  5 and 10, Code 2007, are amended to read as follows:
  4  6    4.  For purposes of this section, a vacancy means the
  4  7 death, resignation, retirement, or removal of a district
  4  8 judge, or the failure of a district judge to be retained in
  4  9 office at the judicial election, or an increase in judgeships
  4 10 under this section the formula prescribed in subsection 3.
  4 11    5.  In those judicial election districts having more
  4 12 district judges than the number of judgeships specified by the
  4 13 formula prescribed in subsection 3, vacancies shall not be
  4 14 filled.
  4 15    6.  In those judicial election districts having fewer or
  4 16 the same number of district judges as the number of judgeships
  4 17 specified by the formula prescribed in subsection 3, vacancies
  4 18 in the number of district judges shall be filled as they
  4 19 occur.
  4 20    7.  In those judicial districts that contain more than one
  4 21 judicial election district, a vacancy in a judicial election
  4 22 district shall not be filled if the total number of district
  4 23 judges in all judicial election districts within the judicial
  4 24 district equals or exceeds the aggregate number of judgeships
  4 25 to which all of the judicial election districts of the
  4 26 judicial district are authorized by the formula in subsection
  4 27 3.
  4 28    8.  An incumbent district judge shall not be removed from
  4 29 office because of a reduction in the number of authorized
  4 30 judgeships specified by the formula prescribed in subsection
  4 31 3.
  4 32    9.  During February of each year, and at other times as
  4 33 appropriate, the state court administrator shall make the
  4 34 determinations required under this section specified by the
  4 35 formula prescribed in subsection 3, and shall notify the
  5  1 appropriate nominating commissions and the governor of
  5  2 appointments that are required.
  5  3    10.  Notwithstanding the formula for determining the number
  5  4 of judgeships in this section district judges prescribed in
  5  5 subsection 3, the number of district judges shall not exceed
  5  6 one hundred sixteen during the period commencing July 1, 1999.
  5  7    Sec. 7.  Section 602.6201, subsections 11 and 12, Code
  5  8 2007, are amended by striking the subsections.
  5  9    Sec. 8.  Section 602.6502, Code 2007, is amended to read as
  5 10 follows:
  5 11    602.6502  MEMBER OF COMMISSION NOT TO BE APPOINTED TO
  5 12 OFFICE PROHIBITIONS TO APPOINTMENT.
  5 13    A member of a county magistrate appointing commission shall
  5 14 not be appointed to the office of magistrate, and shall not be
  5 15 nominated for or appointed to the office of district associate
  5 16 judge, office of associate juvenile judge, or office of
  5 17 associate probate judge.  A member of the commission shall not
  5 18 be eligible to vote for the appointment or nomination of a
  5 19 family member, current law partner, or current business
  5 20 partner.  For purposes of this section, "family member" means
  5 21 a spouse, son, daughter, brother, sister, uncle, aunt, first
  5 22 cousin, nephew, niece, father=in=law, mother=in=law,
  5 23 son=in=law, daughter=in=law, brother=in=law, sister=in=law,
  5 24 father, mother, stepfather, stepmother, stepson, stepdaughter,
  5 25 stepbrother, stepsister, half brother, or half sister.
  5 26    Sec. 9.  Section 633.201, Code 2007, is amended to read as
  5 27 follows:
  5 28    633.201  COURT OFFICERS AS FIDUCIARIES.
  5 29    Judges, clerks, and deputy clerks serving as fiduciaries
  5 30 shall not be allowed any compensation for services as such
  5 31 fiduciaries.  A judge, clerk, or deputy clerk serving as a
  5 32 fiduciary may be compensated for fiduciary services if the
  5 33 services are for a family member's estate, trust,
  5 34 guardianship, or conservatorship.  For purposes of this
  5 35 section, "family member" means a spouse, child, grandchild,
  6  1 parent, grandparent, sibling, niece, nephew, cousin, or other
  6  2 relative or individual with significant personal ties to the
  6  3 fiduciary.
  6  4
  6  5
  6  6                                                             
  6  7                               JOHN P. KIBBIE
  6  8                               President of the Senate
  6  9
  6 10
  6 11                                                             
  6 12                               PATRICK J. MURPHY
  6 13                               Speaker of the House
  6 14
  6 15    I hereby certify that this bill originated in the Senate and
  6 16 is known as Senate File 381, Eighty=second General Assembly.
  6 17
  6 18
  6 19                                                             
  6 20                               MICHAEL E. MARSHALL
  6 21                               Secretary of the Senate
  6 22 Approved                , 2007
  6 23
  6 24
  6 25                                
  6 26 CHESTER J. CULVER
  6 27 Governor